Biofuels Provisions in the Energy Independence and Security Act of 2007 (P.L. 110-140), H.R. 3221, and H.R. 6: A Side-by-Side Comparison

Biofuels Provisions in the
Energy Independence and Security Act of 2007
(P.L. 110-140), H.R. 3221, and H.R. 6:
A Side-by-Side Comparison
Updated January 17, 2008
Brent D. Yacobucci
Specialist in Energy and Environmental Policy
Resources, Science, and Industry Division



Biofuels Provisions in the
Energy Independence and Security Act of 2007
(P.L. 110-140), H.R. 3221, and H.R. 6:
A Side-by-Side Comparison
Summary
On December 19, 2007, President Bush signed the Energy Independence and
Security Act of 2007 (EISA; P.L. 110-140, H.R. 6). This report provides a side-by-
side comparison of biofuels-related provisions in the new energy law with provisions
in the House- and Senate-passed energy bills, H.R. 3221 and H.R. 6. The House
approved H.R. 3221 (the New Direction for Energy Independence, National Security,
and Consumer Protection Act and the Renewable Energy and Energy Conservation
Tax Act of 2007) on August 4, 2007. The Senate approved its version of H.R. 6 (the
Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007) on June
21, 2007. Both bills cover a wide range of energy topics with extensive attention to
biofuels, including ethanol and biodiesel.
Key biofuels-related provisions of the final legislation and House and Senate
bills include
!a major expansion of the renewable fuel standard (RFS) established
in the Energy Policy Act of 2005 (P.L. 109-58) (new law, Senate
bill);
!expansion and/or modification of tax credits for alternative fuel
refueling infrastructure, and for ethanol and renewable diesel fuels
(House bill);
!grants and loan guarantees for biofuels research, development,
deployment, and production (all three versions);
!studies of the potential for ethanol pipeline transportation, expanded
biofuel use, market and environmental impacts of increased biofuel
use, and the effects of biodiesel on engines (all three versions); and
!reauthorization of biofuels R&D at the U.S. Department of Energy
(DOE; all three versions) and the U.S. Department of Agriculture
(USDA; House and Senate bills).



Contents
In troduction ......................................................1
Key Elements of EISA and the House and Senate Energy Bills..............2
List of Tables
Table 1. Side-by-Side Comparison of Biofuels Provisions
in the Energy Independence and Security Act (EISA)
With H.R. 3221, H.R. 6 (Senate Version),
and Prior or Current Law........................................4



Biofuels Provisions in the
Energy Independence and Security Act of
2007 (P.L. 110-140), H.R. 3221, and H.R. 6:
A Side-by-Side Comparison
Introduction
With recent high energy prices, concerns over energy security, and the desire to
reduce air pollutant and greenhouse gas emissions, there is ongoing congressional
interest in promoting greater use of alternatives to petroleum fuels. Biofuels —
transportation fuels produced from plants and other organic materials — have
attracted particular interest. Ethanol and biodiesel, the two most widely used biofuels,
receive significant federal support in the form of tax incentives, loan and grant
programs, and regulatory programs.1 On December 19, 2007, President Bush signed
the Energy Independence and Security Act of 2007 (EISA, P.L. 110-140, H.R. 6).
An earlier energy bill, the Energy Policy Act of 2005 (EPAct 2005, P.L. 109-58)
established a renewable fuel standard (RFS). Under EPAct 2005, the RFS required
an increasing use of renewable fuel in gasoline, starting at 4.0 billion gallons in 2006,
increasing to 7.5 billion gallons in 2012. Although not an explicit ethanol mandate,
it was expected that the majority of this requirement would be met using corn-based
ethanol.2 About 4.0 billion gallons of corn ethanol were consumed in 2005, so the
RFS in EPAct 2005 represented roughly a doubling of U.S. ethanol consumption
over seven years. However, the U.S. ethanol industry was expanding rapidly,
outpacing the required growth in the RFS. As of January 14, 2007, existing U.S.
production capacity was roughly 7.6 billion gallons per year, with another 5.7 billion
gallons of capacity under construction or in the planning stages. Because this
capacity would outpace the RFS under EPAct, some proponents of corn-based
ethanol supported an increase in the mandated levels of the RFS.
Because of the rapid expansion of U.S. corn ethanol capacity, there are concerns
that the United States will soon reach the limit of ethanol that can be produced from
corn. Critics of corn-based ethanol argue that the industry does not need continued
government support, and that current corn demand for ethanol is putting a strain on
corn and other grain markets, leading to increases in other commodity prices, such


1 For more information on federal biofuels incentives, see CRS Report RL33572, Biofuels
Incentives: A Summary of Federal Programs, by Brent D. Yacobucci.
2 For more information on ethanol, see CRS Report RL33290, Fuel Ethanol: Background
and Public Policy Issues, by Brent D. Yacobucci.

as livestock feed, which then leads to higher dairy and meat prices.3 Critics also
argue that the environmental costs of corn-based ethanol may outweigh the benefits,
and that more emphasis should be placed on other strategies such as improved
vehicle efficiency.
Because of concerns over corn-based ethanol, as well as interest in diversifying
energy supply, there is growing interest in developing biofuels that rely on other
sources of biomass, including agricultural wastes, municipal solid waste, and
dedicated energy crops such as perennial grasses, fast-growing trees, and algae. This
interest has led to proposals to support and/or mandate biofuels produced from
feedstocks other than corn starch through explicit requirements, R&D funding, and/or
tax incentives.4 Non-corn biofuels include fuels produced from cellulosic material
(such as perennial grasses), ethanol produced from sugarcane or beets, and biodiesel
or renewable diesel produced from vegetable or animal oils.5
Title II of EISA requires a dramatic expansion of the RFS under EPAct 2005.
Instead of the 5.4 billion gallons required in 2008 by EPAct, EISA requires 9.0
billion gallons. By 2022, EISA will require 36 billion gallons of renewable fuel in
motor fuels annually, compared to an estimated 8.6 billion gallons under EPAct. Of
that, 21 billion gallons must be “advanced biofuel,” defined as biofuel produced from
feedstocks other than corn starch and having 50% lower lifecycle emissions than
petroleum fuels.
Key Elements of EISA and
the House and Senate Energy Bills
This report provides a side-by-side comparison of biofuels-related provisions
in EISA and the House- and Senate-passed energy bills, H.R. 3221 and H.R. 6,
respectively. EISA was signed by President Bush on December 19, 2007, after
passing the on House December 6, 2007, and the Senate on December 13, 2007.
H.R. 3221 (the New Direction for Energy Independence, National Security, and
Consumer Protection Act and the Renewable Energy and Energy Conservation Tax
Act of 2007) was approved by the House on August 4, 2007. The Senate approved
its version of H.R. 6 (the Renewable Fuels, Consumer Protection, and Energy
Efficiency Act of 2007) on June 21, 2007.6 EISA and the House and Senate bills


3 For more information on the issues surrounding rapid ethanol expansion, see CRS Report
RL33928, Ethanol and Biofuels: Agriculture, Infrastructure, and Market Constraints
Related to Expanded Production, by Brent D. Yacobucci and Randy Schnepf.
4 This would include using other parts of the corn plant, including the husks and the stalks,
which are high in cellulose.
5 For more information on biodiesel, see CRS Report RL32712, Agriculture-Based
Renewable Energy Production, by Randy Schnepf.
6 The House approved its version of H.R. 6 on January 18, 2007. However, this bill is a less
comprehensive bill than H.R. 3221 or the Senate version of H.R. 6. In the debate over
energy legislation, on the House side H.R. 3221 superseded the House version of H.R. 6.

cover a wide range of energy topics including biofuels, electricity generation, energy
efficiency, carbon capture and storage, and oil and gas royalties.7
On July 27, 2007, the House passed H.R. 2419, the 2007 “Farm Bill” (the Farm,
Nutrition, and Bioenergy Act of 2007). The Senate passed its version of H.R. 2419
on December 14, 2007. Like the 2002 Farm Bill, Title IX of the 2007 Farm Bill is
dedicated to farm-related energy issues, including biofuels. Title V of H.R. 3221
contains provisions similar or identical to provisions passed in Title IX of H.R. 2419
(but not addressed in P.L. 110-140). In addition, the Senate version of the Farm Bill
contains an additional title, Title XII, with tax provisions affecting biofuels. For
more information on these Farm Bill provisions, see CRS Report RL34130,
Renewable Energy Policy in the 2007 Farm Bill.
Table 1 contains a section-by-section comparison of the biofuels provisions in
EISA with H.R. 3221 and H.R. 6, with current or previous law. The table is
organized in the same order as EISA, followed by non-comparable House and Senate
bill sections. Key provisions of the bills include
!a major expansion of the RFS established in the Energy Policy Act
of 2005 (P.L. 109-58) (EISA, Senate bill);
!expansion and/or modification of tax credits for alternative fuel
refueling infrastructure, and for ethanol and renewable diesel fuels
(House bill);
!grants and/or loan guarantees for biofuels research, development,
deployment, and production (all three versions);
!studies of the potential for ethanol pipeline transportation, expanded
biofuel use, market and environmental impacts of increased biofuel
use, and the effects of biodiesel on engines (all three versions; and
!reauthorization of biofuels R&D at the U.S. Department of Energy
(DOE; all three versions) and the U.S. Department of Agriculture
(USDA; House bill and Senate bill).


7 For more information on P.L. 110-140, see CRS Report RL34294, Energy Independence
and Security Act of 2007: A Summary of Major Provisions.

CRS-4
Table 1. Side-by-Side Comparison of Biofuels Provisions in the Energy Independence and Security Act (EISA)
With H.R. 3221, H.R. 6 (Senate Version), and Prior or Current Law
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
. 110-140, Title I Energy Security Through Improved Fuel Economy
umer InformationThe Secretary ofThe Secretary ofNo comparable provision.No provision.
Transportation is required toTransportation is required
carry out an educationalto carry out an educational
program to inform consumersprogram to inform
iki/CRS-RL34136about the fuel savings andemissions benefits of newconsumers about flexiblefuel vehicles, including
g/wvehicles, including the benefitswhich existing vehicles may
s.orfrom the use of alternativebe fueled on E85 (a blend
leakfuels. of 85% ethanol and 15%
[Sec. 105]gasoline).
://wiki[Sec. 9309]
http
el Tank LabelingRequires the Secretary ofNo comparable provision.Beginning in model yearNo provision.


entTransportation to issue a final2010, would require that the
rule by June 2011 requiringfuel tank cap of an
automakers to clearly label thealternative fuel vehicle be
fuel compartment of alternativeclearly labeled as such.
fuel vehicles with the form of[Sec. 129]
alternative fuel stated on the
label.
[Sec. 105]

CRS-5
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
tension of Flexible FuelAmends the Corporate AverageAmends CAFE program toNo comparable provision.Under CAFE,Expanding the
/ Fuel Economy (CAFE)allow vehicles capable ofautomakers maydefinition of
odiesel as Alternative fuelprogram to extend alternativeoperating on B20 to begenerate credits towardalternative fuel
Purposesfuel vehicle credits throughtreated as vehicles eligibletheir compliance for thevehicle to
model year 2019, at a decliningfor CAFE credits. production and sale ofinclude B20
rate. Also allows vehicles[Sec. 9317]alternative fuel vehicles,could make all
capable of operating on B20 (aas defined in law. Thesediesel passenger
blend of 20% biodiesel andprovisions were set tocars and light
80% petroleum diesel) to beexpire after model yeartrucks eligible
treated as vehicles eligible for2014. Currently, B20for credits under
iki/CRS-RL34136CAFE credits.[Sec. 109]vehicles are notconsidered alternativeCAFE. Currently, some
g/wfuel vehicles. diesel passenger
s.or[49 U.S.C. 32901 etvehicles are
leakseq.]warrantied to
://wikirun on B5, butthere seem to be
httpfew technical
barriers to
making some or
all new diesel
vehicles B20-
capable.



CRS-6
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
. 110-140, Title II — Energy Security Through Increased Production of Biofuels
able Fuel StandardAmends the renewable fuelNo comparable provision.Amends the RFS to includeThe Energy Policy ActUnder, P.L. 109-
standard (RFS) established inall motor fuel, as well asof 2005 established an58, the RFS for
P.L. 109-58 to include allheating oil. Expands theRFS which requires the2008 would
transportation fuels (except formandate to 13.2 billionuse of an increasinghave been 5.4
fuels used in ocean-goinggallons in 2012 and 36amount of renewablebillion gallons
vessels). Expands the existingbillion gallons in 2022. fuels in gasoline. The(compared to 9.0
requirement to 9.0 billionStarting in 2016, requires anmandate increases frombillion gallons in
gallons in 2008, increasing toincreasing amount of the4.0 billion gallons inEISA). For
36 billion gallons in 2022. above mandate to be met2006 to 7.5 billion2022, P.L. 109-
Requires renewable fuelsusing “advanced biofuels,gallons in 2012. 58 would have
produced at new facilities todefined as biofuels derivedStarting in 2013, therequired an
iki/CRS-RL34136have at least 20% lowerlifecycle greenhouse gasfrom feedstocks other thancorn starch. The bill wouldproportion of renewablefuel to gasoline mustestimated 8.6billion gallons
g/w(GHG) emissions thanrequire 3 billion gallons ofequal or exceed the(as opposed to
s.orpetroleum fuels. Starting inadvanced biofuel in 2016,proportion in 2012. 36 billion
leak2009, requires an increasingincreasing to 21 billionStarting in 2013, of thegallons in
amount of the above mandategallons in 2022. Renewableamount mandatedEISA).


://wikibe met using “advancedfuels produced in facilitiesabove, at least 250
httpbiofuels” defined as biofuelsthat commence operationmillion gallons must be
derived from feedstocks otherafter enactment mustfuel derived from
than corn starch with 50%achieve at least a 20%cellulosic material.
lower lifecycle GHGreduction in lifecycle[P.L. 109-58, Sec. 1501]
emissions. By 2022, requiresgreenhouse gas emissions
21 billion gallons of advancedrelative to gasoline.
biofuel. Of the advanced[Sec. 111]
biofuel mandate, there are
specific carve-outs for
cellulosic fuels and biomass-
derived diesel substitutes.
[Sec. 202]

CRS-7
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
udy of Impact ofThe Secretary of Energy, inThe Secretary of Energy, inThe EPA Administrator isThe EPA AdministratorSee also Sec.
able Fuel Standardconsultation with the Secretaryconsultation with the EPArequired to enter into anmust publish a draft14002 of H.R.
of Agriculture and theAdministrator, theagreement with the Nationalanalysis of the effects of3221, which
Administrator of theAdministrator of the EnergyAcademy of Sciences tothe fuels provisions inwould require
Environmental ProtectionInformation Administrationstudy the effects on theP.L. 109-58 on airthe Secretary of
Agency (EPA), is required to(EIA), and the Secretary ofenvironment from increasedpollutant emissions andthe Treasury to
enter into an agreement withAgriculture, is required torenewable fuel use. Studyair quality. [P.L. 109-58,study related
the National Academy ofstudy and assess the impactelements include the effectsSec. 1507]topics.


Sciences (NAS) to study theof renewable fuels on theon air and water quality,
impacts of the RFS onU.S. economy. Studyland use patterns,The EPA Administrator
industries related to feedelements include the effectsdeforestation, greenhouseis required to conduct a
grains, livestock, food, foreston energy security, air andgas emissions, habitat, andsurvey to determine the
products, and energy. Thewater quality,the long-term capacity ofmarket share of gasoline
iki/CRS-RL34136NAS study must: assess thelikely effects on domesticinfrastructure, job creation,and agricultural commoditythe United States to producebiomass feedstocks. Thecontaining ethanol andother renewable fuels.
g/wanimal agriculture and policymarkets. The SecretaryAdministrator must submit[P.L. 109-58, Sec.
s.oroptions to alleviate negativemust report within twotwo reports: 1) within three1501(c)]
leakeffects; identify agriculturalyears of enactment andyears of enactment; and 2)
conditions that would warrant aupdate the report everyby December 31, 2015. DOE is required to
://wikiwaiver of the RFSthree years thereafter. [Sec. 162]collect and publish
httprequirements; and make[Sec. 9314]monthly survey data on
recommendations to limitthe production,
adverse economic impactsblending, importing,
from the RFS. demand, and price of
[Sec. 203]renewable fuels, both on
a national and regional
basis. [P.L. 109-58, Sec.
1508]

CRS-8
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
vironmental andThe EPA Administrator, inNo comparable provision.No comparable provision.No provision.
ource Conservationconsultation with the
pactsSecretaries of Agriculture and
Energy, must study the impacts
of the RFS on environmental
issues, resource conservation
issues, and invasive or noxious
species.
[Sec. 204]
omass Based Diesel andThe Federal Trade CommissionNo comparable provision.Requires the President toNo provision.
odiesel Labelingis required to promulgate rulespromulgate rules for the
requiring diesel retailers touniform labeling of
iki/CRS-RL34136label their pumps with thepercentage of biomass-basedbiodiesel blends that meetASTM standards. [Sec.
g/wdiesel or biodiesel that is130(b)]
s.oroffered for sale. [Sec. 205]
leak
for Use ofThe EPA Administrator isNo comparable provision.Under Sec. 111of H.R. 6, aUnder the existing RFS,
://wikiable Electricity inrequired to study the feasibilitygallon of advanced biofuelcellulosic biofuels are
httpectric Vehicles /of issuing credits under theis considered equal to aeligible for additional
oduction of RenewableRFS for electric vehiclesgallon of conventionalcredits under the
Renewablepowered by electricity frombiofuel. This section grantsmandate. A gallon of
ergyrenewable resources. Withinthe President the authoritycellulosic biofuel is
180 days of enactment, EPAto give additional creditsconsidered equal to 2.5
must report to Congress on theunder the program togallons of ethanol. For
findings of the study.biofuels produced atthis section,cellulosic
[Sec. 206]facilities that use biomass tobiofuels” includes both
displace fossil energy. biofuels produced from
[Sec. 112]cellulose and biofuels
produced from sugars or
starches if biomass is
used to displace fossil
energy in the refining of
the fuel. [P.L. 109-58,
Sec. 1501]



CRS-9
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
ants for Production ofRequires the Secretary ofNo comparable provision.Requires the Secretary ofNo provision.Advanced
vanced BiofuelsEnergy to establish a grantEnergy to establish a grantbiofuels are
program for the production ofprogram for the productionbiofuels
advanced biofuels that have atof advanced biofuels thatproduced from
least an 80% reduction inhave at least a 50%feedstocks other
lifecycle greenhouse gasreduction in lifecyclethan corn starch.
emissions relative to currentgreenhouse gas emissions(See Sec. 202 of
fuels. Authorizes a total ofrelative to current fuels. EISA.)
$500 million for FY2008-Authorizes a total of $500
FY2015. million for FY2008-
[Sec. 207]FY2015.
[Sec. 161]
iki/CRS-RL34136tegrated Consideration ofter Quality inExpands EPAs authority tocontrol engines, vehicles, fuels,No comparable provision.Substantially similar toEISA.Section 211(c) of theClean Air Act allows the
g/wterminations on Fuels andand fuel additives under Sec.[Sec. 163]EPA Administrator to
s.orel Additives211(c) of the Clean Air Act tocontrol or prohibit the
leakinclude effects on waterproduction and/or sale
pollution.of any engine, vehicle,
://wiki[Sec. 208]fuel, or fuel additive that
httpcauses or contributes to
air pollutionthat may
be reasonably
anticipated to endanger
the public health or
welfare.”
[42 U.S.C. 7545(c)]
i-BackslidingRequires the EPANo comparable provision.Substantially similar toNo current provision.


Administrator to study theEISA.
potential adverse effects to air[Sec. 164]
quality from the expanded
RFS, and to promulgate
regulations to mitigate those
effects.
[Sec. 209]

CRS-10
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
fective Date, SavingsFor 2008 and 2009, anyNo comparable provision.No comparable provision.No provision.
sion, and Transitionethanol plant powered by
natural gas, biomass, or a
combination of the two is
treated as having a 20%
reduction in lifecycle
greenhouse gas emissions (See
Sec. 202). For 2008, all
current EPA regulations on the
RFS apply, except for the
increase in the volume
mandated by Sec. 202.
[Sec. 210]
iki/CRS-RL34136odiesel ReportRequires the Secretary ofRequires the Secretary of toSimilar provision, butNo provision.Currently,
g/wEnergy to report to Congressreport to Congress on thewould require a study of thebiodiesel
s.oron the R&D challenges toR&D challenges tochallenges of expandingrepresents less
leakexpanding biodiesel use (to anexpanding biodiesel use tobiodiesel use to 5% of totalthan 1% of total
unspecified level) 2.5% of total diesel fuel usediesel fuel use. diesel
://wiki[Sec. 221]by volume. [Sec. 130(a)]consumption.
http[Sec. 4404]
ogas ReportRequires the Secretary ofRequires the Secretary of toNo comparable provision.No provision.


Energy to report to Congressreport to Congress on the
on the R&D challenges toR&D challenges to
expanding biogas andexpanding biogas and
biogas/natural gas blends (to anbiogas/natural gas blends to
unspecified level). 5% of fuel use.
[Sec. 222][Sec. 4405]

CRS-11
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
ants for BiofuelAuthorizes $25 millionSubstantially similar toSimilar to EISA. [Sec. 125]The Secretary of EnergyThe funding
oduction and R&D inannually for FY2008-FY2010EISA. is authorized $25authorized
for R&D and commercial[Sec. 4407]million annually forwould be in
application of biofuelFY2006-FY2010 foraddition to
production in states with lowR&D andamounts in
rates of ethanol and cellulosicimplementation ofcurrent law.
ethanol production (this couldrenewable fuelLanguage
in effect apply to all states).production technologiessubstantially
[Sec. 223]in states with low ratessimilar to these
of ethanol productionbill sections is
that are under the federalalso in Sec. 9315
reformulated gasolineof H.R. 3221(see
(RFG) program. below).
iki/CRS-RL34136[P.L. 109-58, Sec.1511(d)]
g/w
s.ororefinery EnergyAmends Sec. 932 of P.L. 109-Identical to EISA.No comparable provision.The Secretary of Energy
leakficiency58 to include research on[Sec. 4408]is directed to conduct
energy efficiency atresearch on commercial
://wikibiorefineries and on technologyapplications of biomass
httpto convert existing corn-basedand bioenergy. [P.L.
ethanol plants to process109-58, Sec. 932]
cellulosic materials.
[Sec. 224]
udy of Optimization ofThe Secretary of Energy isSimilar provision.Similar provision. No provision.Current FFVs
ible Fueled Vehicles todirected to study whether[Sec. 4410][Sec. 144]are optimized to
e E-85 Fueloptimizing flexible fuelrun on gasoline,
vehicles (FFVs) to run on E85since that tends
would increase their fuelto be their
efficiency. primary fuel.


[Sec. 225]

CRS-12
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
udy of Engine DurabilityThe Secretary of Energy, inSimilar to EISA.Similar provision, exceptNo provision.
ance Associatedconsultation with the EPA[Sec. 4411]that the Secretary is
th the Use of BiodieselAdministrator, is directed torequired to study only the
study the effects of variouseffects on engine durability
biodiesel/diesel blends onbut not performance.
engine performance and[Sec. 146]
d ur a b ility.
[Sec. 226]
udy of Optimization ofThe Secretary of Energy isSimilar provision.No comparable provision.No provision.
ogas Used in Natural Gasdirected to study the potential[Sec. 4414]
for optimizing natural gas
vehicles to run on biogas
iki/CRS-RL34136(methane produced frombiological feedstocks).
g/w[Sec. 227]
s.or
leakgal BiomassThe Secretary is required toSubstantially similar toNo comparable provision.Various statutes promote
report to Congress on progressEISA.biofuels R&D, including
://wikitoward developing algae as a[Sec. 4416]the development of
httpfeedstock for biofuelbiofuels from algae, at
production. the Department of
[Sec. 228]Energy.
ofuels and BiorefineryDirects the Secretary of EnergySimilar provision, butSimilar provision, butNo provision.


ormation Centerto establish a technologytopics covered vary. topics covered vary.
transfer center to provide[Sec. 4402][Sec. 127]
information on biofuels and
biorefineries.
[Sec. 229]

CRS-13
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
sic Ethanol andAuthorizes the Secretary ofSimilar provision.No comparable provision.No provision.
ofuels ResearchEnergy to provide biofuels[Sec. 9312]
R&D grants to 10 institutions
from land-grant colleges,
Historically Black Colleges or
Universities, tribal serving
institutions, or Hispanic
serving institutions. $50
million for FY2008 is
authorized to be appropriated,
to be available until expended.
[Sec. 230]
iki/CRS-RL34136oenergy R&D -thorization ofAmends Sec. 931 of P.L. 109-58 to authorize a total of $1.2Substantially similar toEISA.Amends Sec. 931 of P.L.109-58 to authorize a totalThe Secretary of Energyis directed to conductFunding forrelated biomass
g/wpropriationbillion for FY2008-FY2010 for[Sec. 4412]of $775 million forR&D on biomass,research through
s.orR&D on biomass, bioenergy,FY2008-FY2009. bioenergy, andthe Department
leakand bioproducts.[Sec. 122]bioproducts. A total ofof Agriculture is
[Sec. 231]$525 million iscontained in Sec.
://wikiauthorized for FY2008-5007 of H.R.
httpFY2009. [P.L. 109-58,3221.
Sec. 931(c)]
vironmental ResearchDOE is required to expand theSubstantially similar toNo comparable provision.DOE is required toSee also Sec.
elopmentbiological R&D programEISA.establish a program of233 of EISA
established in Sec. 977 of P.L.[Sec. 4413(a)]research, development,(below).


109-58 to includeand demonstration in
environmental effects, potentialmicrobial and plant
for greenhouse gas reductions,systems biology, protein
and the potential for morescience, and
sustainable agriculture. computational biology.
[Sec. 232(a)]Biomedical research and
research related to
humans are not
permitted as part of the
program. [P.L. 109-58,
Sec. 977]

CRS-14
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
fecycle Analysis Tools forThe Secretary of Energy isSimilar provision to EISA.Similar provision, but theNo provision.
nergyrequired to study and develop[Sec. 4413(b)]study is required to cover
nsumption andtools for evaluating theonly greenhouse gas
use Gas Emissionslifecycle energy consumptionemissions but not energy
Biofuelsand greenhouse gas emissionsconsumption.
from biofuels. [Sec. 148]
[Sec. 232(b)]
all-Scale Production andAmends the Biofuels ResearchThe Secretary of Energy isNo comparable provision.The Biomass Research
e of Biofuelsand Development Act of 2000required to establish a R&Dand Development Act of
to require the Secretary ofprogram to facilitate small-2000 (reauthorized by
Agriculture to establish a R&Dscale production and localthe 2002 Farm Bill)
program to facilitate small-and on-farm use of biofuels.provides competitive
iki/CRS-RL34136scale production and local andon-farm use of biofuels. [Sec. 4413(c)]funding for R&D anddemonstration projects
g/w[Sec. 232(c)]on biofuels and
s.orbio-based chemicals and
leakproducts, administered
jointly by USDA and
://wikiDOE. [P.L. 107-171,
httpSec. 9008]
oenergy Research CentersRequires the establishment ofSimilar to EISA, but wouldSimilar to EISA, but wouldThe Department ofSee also Sec.
at least seven research centersrequire the establishment ofrequire the establishment ofEnergy (DOE) is232 of EISA
that focus on bioenergy to beat least five bioresearchat least 11 bioresearchrequired to establish a(above), which
included in the R&D programcenters focused on biofuels.centers focused on biofuels. program of R&D andexpands the
established in Sec. 977 of P.L.[Sec. 4406]demonstration oftopics covered
109-58.[Sec. 123]microbial and plantby the program.


[Sec. 233]systems biology, protein
science, and
computational biology.
Biomedical research and
research related to
humans are not
permitted as part of the
program. [P.L. 109-58,
Sec. 977]

CRS-15
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
ity Based ResearchRequires the Secretary ofIdentical to EISA. No comparable provision.No provision.
elopment GrantEnergy to establish a program[Sec. 4417]
of competitive grants to
institutions of higher education
for research on renewable
energy technologies. Each
grant may not exceed $2
million. A total of $25 million
is authorized for the program.
[Sec. 234]
hibition on FranchiseAmends the PetroleumIdentical to EISA.No comparable provision.No current provision.
ent RestrictionsMarketing Practices Act (15[Sec. 9302]
iki/CRS-RL34136ted to Renewable FuelfrastructureU.S.C. 2801 et seq.) to make itunlawful for a franchiser to
g/wprohibit a franchisee from
s.orinstalling E85 or B20 tanks and
leakpumps within the franchise
agreement.
://wiki[Sec. 241]
http
able Fuel DispenserThe Secretary of Energy isIdentical to EISA.No comparable provision.No provision.


entsrequired to report to Congress[Sec. 9303]
on the market penetration of
flexible fuel vehicles and on
the feasibility of requiring fuel
retailers to install E85
infr astr uc tur e .
[Sec. 242]

CRS-16
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
hanol Pipeline FeasibilityThe Secretary of Energy, inSimilar to EISA, except thatSimilar to EISA, except thatNo provision.Ethanol is
udyconsultation with the Secretaryno new funds arethe Secretary of Energycurrently
of Transportation, is requiredauthorized.must consult with thetransported by
to report on the feasibility of[Sec. 9304]Secretary of Agriculture, asrail, truck, or
constructing dedicated ethanolwell. No new funds arebarge to gasoline
pipelines. $1 million isauthorized.pipeline
authorized annually for[Sec. 143]terminals for
FY2008 and FY2009.blending into
[Sec. 243]gasoline.
able Fuel Directs the Secretary of EnergyEstablishes a grant programDirects the Secretary ofNo provision.
frastructure Grantsto provide grants forfor the installation ofEnergy to provide grants for
conversion assistance,refueling infrastructure forpilot programs to expand
iki/CRS-RL34136technical and marketingassistance, and pilot programsE85 and B20 (20%biodiesel, 80% conventionalinfrastructure forethanol/gasoline blends of
g/wto expand infrastructure fordiesel) fuels. Authorizesbetween 11% and 84%
s.orethanol/gasoline blends of$200 million annually forethanol, and renewable
leakbetween 11% and 84% ethanol,FY2008-FY2014. “Large,fuel/diesel fuel blends of at
and renewable fuel/diesel fuelvertically integrated oilleast 10% renewable diesel.
://wikiblends of at least 10%companies” are ineligible$200 million is authorized
httprenewable diesel. $200 million for funding. [Sec. 9301]to be available until
is authorized annually forexpended. [Sec. 121]
FY2008-FY2014.
[Sec. 244]
udy of the Adequacy of The Secretary of Energy,Similar provision, exceptNo comparable provision.No provision.


ansportation ofjointly with the Secretary ofthat the Secretary of Energy
mestically-ProducedTransportation, is required tomust consult with the
able Fuel byreport on the adequacy ofSecretary of Transportation,
ilroads and Other Modesrailroads and modes forand the study is focused
ransportationtransportation of domesticallysolely on railroads.
produced renewable fuel.[Sec. 9306]
[Sec. 245]

CRS-17
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
Requires the head of eachSimilar to EISA, except thatNo comparable provision.No provision.
federal agency to install at leastno exemption is given for
one renewable fuel pump atthe Department of Defense.
each federal fleet refueling[Sec. 9313]
center by January 1, 2010.
Further, the President is
required to report each October
31 on progress toward meeting
this requirement. The
requirement does not apply to
Department of Defense fueling
centers with less than 100,000
gallons in annual fuel turnover.
iki/CRS-RL34136[Sec. 246]
g/wandard Specifications forIf ASTM InternationalIf ASTM InternationalThe President is required toNo provision.
s.orodiesel(originally the American(originally the Americanpromulgate rules to ensure
leakSociety for Testing andSociety for Testing andthat renewable diesel fuel
Materials) has not adoptedMaterials) has not adopted asubstitutes comply with
://wikistandards for B5 and B20standard for B20 within oneapplicable ASTM
httpwithin one year of enactment,year of enactment, thestandards. Authorizes $3
the EPA Administrator isAdministrator of themillion annually for
required to do so. No newEnvironmental ProtectionFY2008-FY2010. [Sec.
funding is authorized. [Sec.Agency (EPA) is required130(c)]
247]to do so. No new funding is
authorized. [Sec. 9307]
ofuels Distribution andDirects the Secretary of EnergySimilar provision to EISA.No comparable provision.No provision.


to conduct an R&D program on[Sec. 4403]
frastructurethe effects of biofuels on
existing transportation fuel
distribution systems.
[Sec. 248]

CRS-18
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
Prohibits the introduction ofSimilar provision to EISA.No comparable provision.Under Sec. 211(f) of theCurrently,
ivesnew renewable fuels or[Sec. 9310]Clean Air Act, no newinaction by EPA
renewable fuel additives unlessfuels or fuel additivesallows a fuel to
EPA explicitly grants a waivermay be introduced intoreceive the
under Sec. 211(f) of the Cleancommerce unlesswaiver. Under
Air Act. EPA is required togranted a waiver byH.R. 3221, no
take final action within 270EPA. If EPA has notwaiver would be
days of receipt of the waiveracted within 180 days ofgranted without
request.receipt of a waiverexplicit approval
[Sec. 251]request, the waiver isby EPA.
treated as granted. [42
U.S.C. 7545(f)]
iki/CRS-RL34136. 110-140, Title V Energy Savings in Government and Public Institutions
g/wpitol Complex E-85The Architect of the Capitol is Similar to EISA, exceptNo comparable provision.No provision.
s.orueling Stationauthorized to install an E85that no new funds are
leaktank and pumping system on orauthorized.
near the Capitol Grounds Fuel[Sec. 8652]
://wikiStation. $640,000 is authorized
httpfor FY2008.
[Sec. 502]
ent andFederal agencies are prohibitedNo comparable provision.No comparable provision.No provision.


quisition of Alternativefrom procuring alternative or
elssynthetic transportation fuels if
the lifecycle emissions exceed
those of petroleum-based fuels.
[Sec. 526]

CRS-19
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
. 110-140, Title VIII — Improved Management of Energy Policy
f Congress RelatingExpresses the Sense of theNo comparable provision.Identical to EISA.No provision.
e of RenewableCongress that renewable[Sec. 113]
ources to Generateresources from agriculture and
ergyforestry should provide at least
25% of all U.S. energy needs
by 2025.
[Sec. 806]
. 3221, Title IV Science and Technology
ncreasedNo comparable provision.The Secretary of Energy isSimilar provision. No current provision.A similar
nsumption of Ethanol-directed to study the[Sec. 142]provision is
iki/CRS-RL34136ended Gasoline withpotential for usingcontained in Sec.
g/wgher Levels of Ethanolethanol/gasoline blends in9305 of H.R.
s.orthe range of 10% to 40%3221 for a study
leakethanol. Currently, only upof increasing
to 10% ethanol is permittedgasoline ethanol
://wikiby federal regulations andcontent above
httpwarrantied by automakersfor conventional vehicles. 10% (seebelow).
[Sec. 4409]
andards for BiofuelsNo comparable provision.Ifappropriate privateNo comparable provision.No current provision.


pensersstandards for biofuels
dispensers have not been
developed by the date of
enactment, the Secretary of
Energy is required to
develop such standards to
promote broader biofuel
use. [Sec. 4415]

CRS-20
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
itle V — Agriculture Energy [related language to this title also appears in H.R. 2419, the 2007 Farm Bill, as passed by the House]
ent ofNo comparable provision.Amends definitions andNo comparable provision.Under the 2002 FarmRelated
obased Productsprocedures for determiningBill, federal agencies arelanguage to H.R.
eligible products under thecurrently required to3221 was passed
2002 Farm Bill (P.L. 107-purchase biobasedby the House in
171) program on federalproducts under certainJuly as Sec.
procurement of biobasedconditions. Current law9002 of the 2007
products. For FY2008-authorizes a voluntaryFarm Bill (H.R.
FY2012, $2 million inbiobased labeling2419).


annual mandatoryprogram. USDA
Commodity Creditregulations define
Corporation (CCC) fundingbiobased products,
iki/CRS-RL34136is authorized for producttesting. [Sec. 5002]identify biobasedproduct categories, and
g/wspecify the criteria for
s.orqualifying those
leakproducts for preferred
procurement.
://wikiMandatory CCC funding
httpof $1 million is
authorized for each of
FY2002 through
FY2007 for testing
biobased products. [P.L.
107-171, Sec. 9002]

CRS-21
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
Guarantees forNo comparable provision.Extends the 2002 Farm BillAmends Sec. 1703 of theUnder the Energy PolicyRelated
orefineries and Biofuelbiorefinery developmentEnergy Policy Act of 2005Act of 2005, thelanguage to H.R.
uction Plantsprogram through FY2012to allow for projects thatDepartment of Energy is3221 (with
and provides new loanproduce “advanceddirected to provide loanlarger funding
guarantee authority forbiofuels” defined asguarantees for variousauthorizations)
biorefineries, with a total ofbiofuels produced fromrenewable energy andwas passed by
$600 million going to loansfeedstocks other than cornlow-emission energythe House as
less than $100 million, andstarch (see H.R. 6, Sec.projects. [P.L. 109-58,Sec. 9003 of the
$1 billion for loans up to111). [Sec. 124]Sec. 1703]2007 Farm Bill
$250 million. The loan(H.R. 2419).


guarantee would cover 90%The 2002 Farm Bill
of an eligible loan. Requiresauthorized a grant
that constructionprogram to help finance
iki/CRS-RL34136contractors andsubcontractors on federallythe cost of developingand constructing
g/wassisted loan guaranteebiorefineries and biofuel
s.orprojects pay theirproduction plants to
leakemployees not less than thecarry out projects to
prevailing wage in the samedemonstrate the
://wikilocality under thecommercial viability of
httpDavis-Bacon Act. Specifiesconverting biomass to
mandatory CCC funding offuels or chemicals.
$50 million in FY2008; $65However, no funds have
million in FY2009; $75been appropriated for
million in FY2010; $150the program. [P.L. 107-
million in FY2011; and171, Sec. 9003]
$300 million in FY2012.
[Sec. 5003]

CRS-22
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
odiesel Fuel EducationNo comparable provision.Extends the 2002 Farm BillNo comparable provision.This program awardsIdentical
Biodiesel Fuel Educationcompetitive grants tolanguage to H.R.
Program through FY2012nonprofit organizations3221 was passed
with mandatory funding ofthat educateby the House as
$2 million for each ofgovernmental andSec. 9017 of the
FY2008 through FY2012. private entities operating2007 Farm Bill
[Sec. 5004]vehicle fleets, and(H.R. 2419).
educate the public about
the benefits of biodiesel
fuel use. Mandatory
CCC funding of $1
million annually was
authorized for FY2003
iki/CRS-RL34136through FY2007. [P.L.107-171, Sec. 9004]
g/w
s.orergy Audit andNo comparable provision.Extends the 2002 Farm BillNo comparable provision.This is a competitiveIdentical
leakable EnergyEnergy Audit andgrant program forlanguage to H.R.
velopment ProgramRenewable Energyeligible entities to carry3221 was passed
://wikiDevelopment Programout a program to assistby the House as
httpthrough 2012. [Sec. 5005]farmers, ranchers, andSec. 9004 of the
rural small businesses in2007 Farm Bill
becoming more energy(H.R. 2419).


efficient and in using
renewable energy
technology and
resources. Authorized
appropriations of such
sums as are necessary to
carry out the program
for FY2002 through
FY2007. [P.L. 107-171,
Sec. 9005]

CRS-23
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
able Energy SystemsNo comparable provision.Renames the 2002 FarmNo comparable provision.This program authorizesRelated
nergy EfficiencyBill program onrenewableloans, loan guarantees,language to H.R.
provementsenergy systems and energyand grants to farmers,3221 (with a
efficiency improvementsranchers, and rural smalltotal of $75
as the “Rural Energy forbusinesses to purchasemillion more for
America Program.” Raisesand install renewableFY2008-
the loan guarantee levelenergy systems and toFY2012) was
from $10 million to $25make energy efficiencypassed by the
million and caps federalimprovements. House as Sec.
cost-share at 75%. AllowsMandatory CCC funding9005 of the 2007
for feasibility studies to beof $23 million annuallyFarm Bill (H.R.
eligible for the program. for FY2003 through2419).


Increases mandatory CCCFY2007. [P.L. 107-171,
iki/CRS-RL34136funding to $40 million inFY2008; $60 million inSec. 9006]
g/wFY2009; $75 million in
s.orFY2010; $100 million in
leakFY2011; and $150 million
in FY2012. [Sec. 5006]
://wiki
http

CRS-24
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
omass Research andNo comparable provision.Modifies and extends theNo comparable provision.The Biomass ResearchRelated
velopment Act of 2000Biomass Research andand Development Act oflanguage to H.R.
Development Program2000 (reauthorized by3221 (with a
through FY2012. Addsthe 2002 Farm Bill)total of $70
mandatory CCC funding ofprovides competitivemillion more for
$25 million in FY2008; $50funding for R&D andFY2008-
million in FY2009; $75demonstration projectsFY2012) was
million in FY2010; $100on biofuels andpassed by the
million in FY2011; andbio-based chemicals andHouse as Sec.
$100 million in FY2012.products, administered9006 of the 2007
Also maintains the existingjointly by USDA andFarm Bill (H.R.
authorization ofDOE. Specified2419).


appropriations of $200mandatory CCC funding
iki/CRS-RL34136million annually forFY2008-FY2015. [Sec.of $5 million in FY2002and $14 million
g/w5007]annually for FY2003
s.orthrough FY2007 to
leakremain available until
expended. Also
://wiki authorized
httpappropriations of $200
million for each of
FY2006 through
FY2015. [P.L. 107-171,
Sec. 9008]

CRS-25
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
ustments to theNo comparable provision.Renews and extends theNo comparable provision.Originally a ClintonRelated
oenergy Program2002 Farm Bill BioenergyAdministrationlanguage to H.R.
Program through 2012 withinitiative, the Bioenergy3221 (with a
increased mandatory CCCProgram was madetotal of $185
funding of $175 million instatutory by the 2002million more for
FY2008; $215 million inFarm Bill. The programFY2008-
FY2009; $250 million inprovides CCC incentiveFY2012) was
FY2010; $275 million inpayments to biofuelspassed by the
FY2011; and $300 millionproducers based onHouse as Sec.
in FY2012. Ethanolyear-to-year increases in9007 of the 2007
produced from corn starchthe quantity of biofuelFarm Bill (H.R.
is excluded. Renewableproduced. Mandatory2419).


diesel produced fromCCC funding of $150
iki/CRS-RL34136biomass at petroleumrefineries may be excluded,million annually forFY2002 through
g/was well. Expands eligibilityFY2006. No funding
s.orfor combined heat andwas available for
leakpower production usingFY2007. [P.L. 107-171,
biomass at biofuels plantsSec. 9010]
://wikiand biomass gasification as
httptypes of bioenergy eligible
for the production
incentive. [Sec. 5008]

CRS-26
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
rch, Extension, andNo comparable provision.Extends the Sun GrantNo comparable provision.The “Sun Grant”Related
ucational Programs onprogram through 2012 withprogram established 5language to H.R.
obased Energyauthorized appropriations ofnational sun grant3221 was passed
logies and Products$75 million for each ofresearch centers based atby the House as
FY2008 through FY2012. land-grant universitiesSec. 9008 of the
[Sec. 5009]and each covering a2007 Farm Bill
different region. The(H.R. 2419).
purpose is to enhance
coordination and
collaboration between
USDA, DOE, and
land-grant universities in
the development,
iki/CRS-RL34136distribution, andimplementation of
g/wbiobased energy
s.ortechnologies.
leak Autho r ized
appropriations of $25
://wikimillion in FY2005, $50
httpmillion in FY2006, and
$75 million annually for
FY2006 through
FY2010.
ergy Council of theNo comparable provision.Directs the Secretary ofNo comparable provision.No current provision.Identical
ent of AgricultureAgriculture to establish anlanguage to H.R.
energy council to3221 was passed
coordinate the energyby the House as
policy of USDA andSec. 9009 of the
consult with other federal2007 Farm Bill
departments and agencies. (H.R. 2419).


[Sec. 5010]

CRS-27
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
t Bioenergy ResearchNo comparable provision.Establishes a new R&DNo comparable provision.No current provision.Related
program to promote the uselanguage to H.R.
of woody biomass for3221 (with a
bioenergy production,total of $39
including feedstock issuesmillion more for
such as yield and newFY2008-
varieties. A total of $36FY2012) was
million in mandatory CCCpassed by the
funding is provided forHouse as Sec.
FY2008-FY2012. [Sec.9019 of the 2007
5011]Farm Bill (H.R.
2419).
iki/CRS-RL34136ock Flexibility for BioenergyNo comparable provision.Requires that USDAestablish and administerNo comparable provision.No current provision.Relatedlanguage to H.R.
g/w(starting in FY2008) a3221 was passed
s.orsugar-for-ethanol programby the House as
leakusing sugar intended forSec. 9013 of the
food use but deemed to be2007 Farm Bill
://wikiin surplus. USDA would(H.R. 2419).


httpimplement the program
only in those years when
purchases are determined to
be necessary to ensure that
the sugar program operates
at no cost. Such sums as
are necessary to carry out
the program are authorized.
[Sec. 5012]

CRS-28
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
itle IX — Energy and Commerce
udy of Ethanol-BlendedNo comparable provision.The Secretary of Energy isSimilar provision, exceptNo current provision.A similar
soline with Greaterdirected to study thethat the study is to coverprovision to Sec.
vels of Ethanolpotential for increasing theethanol/gasoline blends142 of H.R. 6 is
ethanol content in gasolinebetween 10% and 40%contained in Sec.
above 10%. [Sec. 9305]ethanol. [Sec. 142]4409 of H.R.
3221 (see
above).
ants for CellulosicSee EISA, Sec. 207, “GrantsExtends the program ofNo comparable provision.The Secretary of Energy
hanol Productionfor Production of Advancedconstruction grants formay provide grants for
Biofuels.”cellulosic biofuel facilitiesthe construction of
established in P.L. 109-58facilities to produce
iki/CRS-RL34136through FY2010 andrenewable fuels
g/wauthorizes $500 million(including ethanol) from
s.orannually for FY2009 andcellulosic biomass,
leakFY2010. Directs theagricultural byproducts,
Secretary of Energy to giveagricultural waste, and
://wikipriority to projects thatmunicipal solid waste. A
httppromote feedstocktotal of $750 million is
diversity and geographicauthorized for FY2006
dispersion of productionthrough FY2008. [P.L.
facilities.” [Sec. 9308]109-58, Sec. 1512]



CRS-29
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
mestic ManufacturingNo comparable provision.Expands the incentiveNo comparable provision.The EPA AdministratorSec. 132 of
nversion Grant Programprogram for the domesticis required to establish aEISA amends
production of hybrid andprogram to encouragethis section of
advanced diesel vehiclethe domestic productionEPAct 2005, but
established in P.L. 109-58and sales of efficientdoes not include
to include flexible fuelhybrid and advancedflexible fuel
vehicles. Requires thatdiesel vehicles. Thevehicles.
priority be given to autoprogram must include
and parts manufacturinggrants to domestic
facilities that haverecentlyvehicle manufacturers to
ceased operation or willencourage production
cease operation in the nearand provide consumer
future.” Allowspurchase incentives.
iki/CRS-RL34136coordination with similarstate programs. [Sec. 9311]Such sums as necessaryare authorized for
g/wFY2006-FY2015. [P.L.
s.or109-58, Sec. 712]
leak
ants for Renewable FuelSee EISA, Sec. 223, “GrantsAuthorizes $25 millionSimilar to H.R. 3221. [Sec.The Secretary of Energy
://wikiduction R&D in Certainfor Biofuel Productionannually for125]is authorized to conduct
httpatesResearch and Development inFY2008-FY2010 forR&D and deployment of
Certain Statesresearch, development, andrenewable fuel
commercial application ofproduction technologies
biofuel production in statesin certain states. [P.L.
with low rates of ethanol109-58, Sec. 1511(d)]
and cellulosic ethanol
production. [Sec. 9315]
ffect of Oil PricesNo comparable provision.The Secretary of Energy isNo comparable provision.No current provision.


required to study the effects
on renewable fuel
production of oil priced at
$40 a barrel or more. [Sec.
9316]

CRS-30
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
. 3221 Tax Provisions, Title XII Conservation
ension and ModificationNo comparable provision.Increases the alternativeNo comparable provision.An owner of a retail fuel
fuel refueling propertystation may take a tax
credit to 50% of the cost ofcredit for the installation
the installation, up toof alternative fuel tanks
$50,000. Extends the creditand pumps. The credit
through December 31,is equal to 30% of the
2010. [Sec. 12002]cost of the installation,
up to $30,000. For
alternative fuels other
than hydrogen, the credit
expires on December 31,
iki/CRS-RL341362009. [P.L. 109-58,Sec. 1342]
g/w
s.orension and ModificationNo comparable provision.Amends the definition ofNo comparable provision.A tax credit is availableAlso see Sec.
leak Credits for Biodiesel andrenewable diesel” underfor the retail sale or use13011 of H.R.
able Dieselthe renewable diesel taxof biodiesel and3221 below.


://wikicredit to exclude renewablerenewable diesel. The
httpdiesel and renewable dieselcredit is equal to $1.00
mixtures produced throughper gallon for renewable
certain processes. Extendsdiesel or biodiesel
the tax credits throughproduced from virgin
December 31, 2010. [Sec.agricultural products.
12003]The credit expires on
December 31, 2008.
[P.L. 108-357, P.L. 109-
58]

CRS-31
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
No comparable provision.Establishes a credit of $0.50No comparable provision.All fuel ethanol is
sic Alcoholper gallon for ethanolallowed a tax credit of
produced from cellulosic$0.54 per gallon,
materials, in addition to anyregardless of feedstock.
existing credits. [Sec.Small producers may
12004]claim an additional
credit of $0.10 per
gallon. [26 U.S.C. 40]
ax Provisions, Title XIII — Revenue Provisions
rification of EligibilityNo comparable provision.Explicitly excludes fuelsNo comparable provision.A tax credit is availableThis provision
able Diesel Creditderived fromfor the retail sale or usewould limit tax
coprocessing biomass withof renewable diesel. credits for
iki/CRS-RL34136a feedstock which is notThe credit is equal toproduction of
g/wbiomass” from eligibility$1.00 per gallon ofrenewable diesel
s.orfor the renewable diesel taxrenewable diesel. [P.L.at existing
leakcredit. [Sec. 13011]109-58]petroleum
refineries.
://wiki
httprification That Creditsigned toNo comparable provision.Limits eligibility for thebiodiesel and renewableNo comparable provision.A tax credit is availablefor the retail sale or use
de an Incentive fordiesel tax credits to fuelsof biodiesel and
ed States Productionproduced in the Unitedrenewable diesel
States. [Sec. 13012]blended into
conventional diesel. The
credit does not
recognize point of
origin. [P.L. 108-357,
P.L. 109-58]



CRS-32
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
. 3221 Tax Provisions, Title XIV Other Provisions
prehensive Study ofNo comparable requirement forThe Secretary of theNo comparable requirementNo current provision.EISA would
ofuelsthe Secretary of the Treasury.Treasury is required tofor the Secretary of therequire a related
study the effects ofTreasury.study by XX.
increased biofuel use. See EISA Sec.
Study elements include the203 XX (above).
effects on: fuel prices; land
prices; land use;
environment; agricultural
commodities; taxpayers;
and refining capacity. [Sec.
14002]
iki/CRS-RL34136ion)
g/w
s.orants for InfrastructureNo comparable provision.No comparable provision.Would require the SecretaryNo current provision.


leakransportation ofof Energy to establish
omass to Localgrants to local governments
://wikiorefineriesand other entities (as
httpdetermined by theSecretary) to promote the
development of
infrastructure to produce,
separate, process, and
transport biomass to
biorefineries. [Sec. 126]

CRS-33
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
eNo comparable provision.No comparable provision.Would require the SecretaryNo current provision.
aterialsof Energy and the National
Institute of Standards and
Technology to establish: 1)
a public database describing
the physical properties of
different alternative fuels;
and 2) standard reference
materials for different
alternative fuels. [Sec. 128]
ansitional Assistance forNo comparable provision.No comparable provision.Requires the Secretary ofNo current provision.
ers who PlantAgriculture to provide
iki/CRS-RL34136dicated Energy Crops forcal Cellulosic Refinerytransitional assistancepayments to agricultural
g/wproducers in the first year
s.orthey produce eligible
leakcellulosic energy crops. $4
million is authorized
://wikiannually for FY2008-
httpFY2012. [Sec. 131]
rt of Low-No comparable provision.No comparable provision.Establishes a program ofNo current provision.


R&D grants for research on
low carbon fuels, including
cellulosic biofuels and
woody biomass for fuels
and electricity. A total of
$275 million is authorized
for FY2009-FY2013. [Sec.
132]

CRS-34
picEISA (P.L. 110-140)H.R. 3221H.R. 6 (Senate Version)Prior/Current LawNotes
udy of Advanced BiofuelsNo comparable provision.No comparable provision.Requires the Secretary ofNo current provision.Advanced
Energy to contract with thebiofuels are
National Academy ofbiofuels
Sciences to studyproduced from
technologies for thefeedstocks other
production, transportation,than corn starch.
and distribution of(See Sec. 202 of
advanced biofuels.” [Sec.EISA above.)
141]
udy of Incentives forNo comparable provision.No comparable provision.Requires the President toNo current provision.
able Fuelsstudy the renewable fuels
industry and markets to
iki/CRS-RL34136determine production costs,factors affecting market
g/wprices, and financial
s.orincentives necessary to
leakenhance the U.S. biofuels
industry. [Sec. 147]
://wiki
httpudy of Effects of Ethanol-No comparable provision.No comparable provision.Requires the Secretary ofNo current provision.
ended Gasoline on Off-Energy to study the effects
of ethanol-blended gasoline
on off-road vehicles and
recreational boats. [Sec.
149]
No comparable provision.No comparable provision.Requires the Secretary ofNo current provision.


tion PlanTransportation to develop
and implement an action
plan so that alternative fuel
vehicles (including E85
vehicles) represent at least
50% of new vehicle sales
by 2015. [Sec. 520]